I am a 27 year old professional currently in the final stages of completing a PTI term (Drug Court; Farnell) for possession of powder cocaine. I have never failed a drug test, missed a required class, court date, or payment, and have gone out of my way to complete extra incentives for the court (Quit Smoking Challenge, Fitness Challenge, etc). I want to know if I can get this arrest and everything that went along with it off my record. I have already lost one job because of it and most employment applications ask if you have had a dismissal now for felonies (some even specifically ask if you have been on PTI). Could I get this taken care of, and what would I be looking at for a time frame and ballpark cost? I have a previous conviction for a DUI as well, but so does everyone in Florida.
Criminal Defense Attorney
Unfortunately, because of your DUI conviction, you are not eligible to seal the Possession of Cocaine case.
Pursuant to Sections s.943.0585 and s.943 .059, Florida Statutes, a Certificate of Eligibility to expunge or seal a criminal history record cannot be issued under any of the following circumstances:
The criminal history record reflects that you have been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing any felony or a misdemeanor specified in s.943.051(3)b. Certain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked.
Keep doing well with PTI though because at least you can say the charge was dismissed.
Best of luck,
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Violent Crime Lawyer
Consult an attorney in your county regarding expungement / sealing your record. The last time I checked, DUI is not eligible for expungement and having two criminal charges probably excludes you from expunging the drug charge as well.
James Regan, Esq.
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The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.
Criminal Defense Attorney
In order to get this charge sealed or expunged, you can not have another disqualifying charge on your record. Because the DUI carried a mandatory adjudication, you will not be eligible to get this charge sealed or expunged.